Dhiraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46404 of 2023 Arising Out of PS. Case No.-230 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== DHIRAJ KUMAR Son of Late Hari Mandal @ Hari Lal Mandal Resident of Village - Raghopur, P.S.- Nath Nagar, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201 of the Indian Penal Code.
3. According to the FIR, it is a case of murder of young boy whose dead body was found lying at agricultural field of Haridaspur.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name was transpired in this case on the basis of CDR. No consistent evident has come against the petitioner. No one is eye witness of the alleged occurrence. The petitioner has got no criminal antecedent as
Patna High Court CR. MISC. No.46404 of 2023(4) dt.03-11-2023 2/2 stated in para-3 of the bail petition and languishing in judicial custody since 7.2.2023. Moreover, similarly situated co-accused persons have already been granted bail by different a coordinate Benches of this Court, in support of which Annexure-2 series has been annexed with this petition.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nath Nagar P.S. Case No. 230 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Bhagalpur. (Sunil Kumar Panwar, J) Amandeep/- U T